Marine Corps sergeant charged with detainee murder
By: MARK WALKER - Staff Writer | ∞
CAMP PENDLETON -- The Marine Corps on Friday announced it was refiling a murder charge against a sergeant accused of taking part in the killing of a group of insurgent detainees during a battle for the city of Fallujah in November 2004.
Sgt. Jermaine Nelson faces a possible life prison sentence if convicted.
Nelson is also charged with dereliction of duty. That charge alleges he failed to follow the rules of engagement and the laws of war regarding the handling of detained prisoners of war.
An Article 32 hearing for Nelson, who remains on active duty at Camp Pendleton, is tentatively slated to take place in January, said a Marine Corps spokesman, Lt. Col. Sean Gibson. Article 32 hearings are conducted to determine if there is sufficient evidence to order a case to court-martial.
Nelson was part of a squad led by former Marine Sgt. Jose L. Nazario Jr. that is accused of killing four captured insurgent fighters on the third day of the Fallujah fight, the largest battle of the Iraq war. Nazario was charged in U.S. District Court in Riverside in August with two counts of involuntary manslaughter and faces up to 10 years in prison if convicted. He is being prosecuted in civilian court because he is no longer in the Marine Corps and was not subject to recall to service.
A month after Nazario was charged, the Marine Corps announced it was filing a murder charge against Nelson. A short time after that, Lt. Gen. James Mattis, then of Camp Pendleton, ordered the charge against Nelson withdrawn pending a review of the investigation.
Mattis has since moved to a new assignment and the review of the investigation was transferred to Lt. Gen. Samuel Helland, head of the I Marine Expeditionary Force.
When Nelson was charged in September, the Marine Corps did not allege, as it does now, that he had violated several tenets of the law of war and the rules for handling insurgent detainees.
Gary Solis, a former Marine Corps attorney and a military law professor, said the service appears to be taking a very aggressive stance against Nelson.
"I know of no other case except Haditha where individuals have been charged with misconduct in the course of battle," Solis said.
The Haditha case involved the killing of 24 Iraqi civilians in 2005 and led to charges against four Marine officers and four enlisted men. Charges against two of the officers and two of the enlisted men have since been dismissed.
Nazario's attorneys contend that the Fallujah case involves 3-year-old battlefield decisions that potential juries now may be asked to rule upon.
It was not immediately clear Friday morning if Nelson has retained a civilian attorney or whether he has been assigned a Marine Corps defense attorney.
The case emerged when a former member of the Kilo Company squad from Camp Pendleton's 3rd Battalion, 1st Marine Regiment, Ryan Weemer, allegedly told the Secret Service during a job interview several months ago that he was aware of an "unlawful death."
That disclosure triggered an investigation by the Naval Criminal Investigative Service, leading to the charges against Nelson and Nazario.
An affidavit from a NCIS agent released when Nazario was charged alleges the squad captured the insurgents and shot four of them inside a house in Fallujah.
Nazario's lead attorney, Kevin McDermott of Orange County, has said his client does not acknowledge such an incident ever occurred.
The battle for Fallujah commenced on Nov. 6, 2004, when troops from Camp Pendleton's 3rd Battalion, 1st and 5th Marine regiments, along with supporting Marine units and U.S. Army forces, launched an assault to wrest control of the city from insurgents.
The city had become a flash point in the war after insurgents ambushed and killed three Blackwater Security civilian contractors, later hanging their corpses from a bridge. U.S. forces left the city shortly thereafter at the request of the Iraqi government.
Six months later, they were back to retake a city that had been overrun by insurgents. The final resistance was overcome by late December and several Camp Pendleton Marines were later honored with awards, including two Navy Cross citations for valorous actions during the fighting.
Ninety-five U.S. servicemen were killed and more than 600 were wounded. An estimated 1,350 insurgents were killed and 1,000 captured.
While the rules of engagement were loosened during the battle, the law of armed conflict governing military behavior forbids the shooting of any enemy combatant who has been disarmed and does not pose a threat.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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jayone wrote on Dec 7, 2007 12:08 PM:Get off this Marine SGT case, war is war Why do you believe that we are a free nation without killing. Many Lifes were lost in WW1 WW2 Korea, Vietnam and Now Iraq Combat is Combat Men and women die sometimes innocent ones. That is the price we pay. Why dont you arrest Clinton, Truman, Bush Roosevelt, and all the other Presidnts who wage war and sent our troops to their deaths. Shame on you. I have been in Combat, War is Hell Every day you live with fear, death , dispair. If you have not been in combat you do not have a clue Give it a REST
Chubton wrote on Dec 7, 2007 1:35 PM:What are 'rules of engagement' and what purpose do they serve?
DESERT BUG wrote on Dec 7, 2007 2:34 PM:Here we go again. More circus. More people rushing to pounce on a Marine to bolster their own little self. Hey, this Marine killed some insurgents. Isn't that why they are there??? General Mattis was on the right track in withdrawing charges. General Helland: Do the right thing. Dismiss these silly charges and let's move on.!!
esteban wrote on Dec 7, 2007 2:36 PM:The guy's a hero in my eyes!!!!! All these stupid liberals think war is like a police event and that the soldiers need to behave like cops. Complete idiocy!
Lee wrote on Dec 7, 2007 2:41 PM:Sure, war is war. ...
WW1 vet.... wrote on Dec 7, 2007 2:59 PM:back in my day we didn't kill our prisoners. If we caught a hun, we'd drag him into our trenches and give him a smoke. More than likely, he'd been to America and we'd talk about wherever we lived. Then we'd hand him over to the MP's and off he'd march to the POW compound. Once the fight was over, it was over....that was it. Today these kids don't have any respect for human life, I think it comes from those damn video games and that rock and roll music. Seems like we need more old time values in society.
Little bushie wrote on Dec 7, 2007 4:00 PM:won't like that. Ther are no killers just heros.
To Esteban & WW1 vet wrote on Dec 7, 2007 4:02 PM:Esteban: I'm sure if you were on the receiving end of abuse, you would feel completely different. "Rules of engagement" are OUR countries rules. I'm comforted by the fact that, even during war, our leadership feels the need to hold on to some kind of order...Unlike yourself. WW1 Vet: You, no doubt, have seen a lot in your life. It is great to see that a person with your experience still maintains the concept that a human life is valuable.
Jason760 wrote on Dec 7, 2007 4:24 PM:Mr. Nelson you are a hero to us all. These charges are ridiculous. The public supports you and your service to our country. God Bless you and your family!! DEDIC
Nick wrote on Dec 7, 2007 4:43 PM:Well said Esteban!
AW4cryinoutloud wrote on Dec 7, 2007 7:41 PM:The Few, The Proud, The Marines! Rightly so but, if this keeps up, in the future it will just be The Few! This country doesn't know the meaning of justice any more; only persecution. Isn't that what our Founding Fathers thought they left behind?
To WWI Vet wrote on Dec 7, 2007 7:45 PM:So you are one of the 4 WWI vets still living? I doubt that.
Joe Schmoe wrote on Dec 7, 2007 8:33 PM:He was just showing the detainee Clinton's "many points of light" - what's the problem?
WhoWhat wrote on Dec 7, 2007 9:03 PM:These so-called insurgents hide behind women and children while wearing civilian clothing, they kill for the sheer spite of it, not discriminating who their targets are. When they do take American prisoners they do unspeakable acts. I believe we are held to much higher standards but war is war and these enemy's deserve no sympathy, Our troops deserve the benefit of a doubt, and the fact that one Marines word against another can generate this sort of press is unconsionable.
Neighbor wrote on Dec 8, 2007 6:36 AM:So...Bush the Decider, who is supposed to be pro military, has left the actual soldiers out to dry. War is ugly - always has been & always will be. It is insane that a soldier operating in the heat of battle would be brought up on murder charges. Thank God that Bush, the Decider is on his way out.
Who was his superior ? wrote on Dec 8, 2007 7:57 AM:Was Nelson following orders given by his superior officer, Nazario ? If he went to trial for the same 4 insurgents that Nelson is charged with slaying, and he was convicted by a jury of his peers for manslaughter in the deaths of 2 of them, what's the real skinny here ? Is Nelson just being held up as a sacrificial cow for somebody to win brownie points - and let's all TRY to remember that December 7th is Pearl Harbor Day. If Nazario wasn't found guilty in the deaths of 2 of the 4, why should Nelson be tried for 4 ?
Freedom wrote on Dec 8, 2007 8:00 AM:You people are sick and twisted if you think freedom is about killing.
Good American wrote on Dec 8, 2007 8:59 AM:Our soldiers have left their homes, families and jobs to put their life on the line. We need to be very sure before we convict one of our soldier on the word of only one other soldier that could have a grievance to settle or could just be lieing. Since it was dismissed once there must have been a reason for it. War is a horrible invironment for our soldiers to live in and they can make mistakes. I think this is blown out of proportion.
Mike America wrote on Dec 8, 2007 9:00 AM:Ditto; Nick to Esteban.
pam wrote on Dec 10, 2007 6:55 AM:This is to the point of ridiculous!! You keep hearing that enlistments are low. Who would want to join something to honor our country, fight for our country and then get accused when you do?? I find this to be most sad! God Bless these Marines and keep them safe and away from the pencil pushers that become officers!
Disgusted.... wrote on Feb 2, 2008 10:43 PM:Out of all the things I have read and all the things i know about my beloved Marine Corps....I know this. We are in a state of war, conflict, or however you want to phrase it. No man will TRULY know what it is like to be in a room with another man in a foreign country...not knowing if the native is going to try to kill him. The uncertainty of war is there ladies and gentlemen. If you were in Nelson's shoes and someone was in front of you...looking like they wanted to kill you,...reached for a weapon of some sort and commenced to pullt it on you.....I ask you...what would you do? Are we to believe that Nelson was suppposed to ask him, "hey, whats that black piece of metal in your pocket? and why does it have little shiny gold things in it?" Hell, I was in that situation...I didn't' like it either. So I say this, until you stand in that mans shoes and see the fear on BOTH sides, aqnd then to get a command YOU don't agree with but have to follow....then you comw back to me and say I understand what you were talking about.
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